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GOVERNMENT TENDERS' INSTRUCTIONS

( Issued in Official Gazette issue


No. 3642 dated 1/3/1987 )

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INSTRUCTIONS NO. 71 FOR THE YEAR 1987
GOVERNMENT WORKS TENDER INSTRUCTIONS
" Issued pursuant to article 16 of the
Government Works By-law No. (71)
for the year 1986"

Article One

These Instructions shall be called "Government Work Tender Instructions for
the year 1987" and shall be put into operation as of the date of its publication in
the official gazette .

Part One
Definitions

Article Two

a. With due observance to the provisions of paragraph (b) of this article ,
the following words and phrases shall have , wherever mentioned in these
Instructions , the meanings assigned to them hereunder unless the context
indicates otherwise :

By-law : Government Works By-law No. 71 for the year 1986 and any
amendment made thereon or any other substitute by-law .

Budget : The State's General Budget

Tender Documents : All documents pertaining to the tender including the
tender invitation , general and special conditions ,
specifications, drawings and contract concluded

relative thereto as well as any other papers related
to the tender .

Tender Invitation : Announcement in the press or the invitations
addressed to the Contractors or Consultants and
tender conditions and attachments .







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Evaluation : Ascertain the Tenderer's fulfilment of the conditions set out
in the Tender Invitation in the light of the study of the
technical offer submitted by him in the tender offer .

Qualification : Ascertain that the applicants for pre-qualification fulfill the
required basis according to the approved forms including
their technical capabilities , financial and administrative
potentials , volume of their commitments and their
ability to perform .

Committee : The competent Tenders Committee .

b. The definitions mentioned in the by-law and general conditions of
contract shall be adopted for the purposes of application of these
Instructions .

Part Two
Preparation and Arrangement of
Tender Documents

Article Three

a. The Department must , prior to requesting the issue of any tender ,
prepare and arrange the required tender documents according to the
technical practice and as per the provisions of the By-law and Instructions
issued pursuant thereto and in sufficient copies for distribution to tenderers .

b. The Department should send to the Chairman of the competent Tenders
Committee , a letter requesting therein the issue of the tender provided
that the following information and documents are enclosed with this letter :

1. Name of the party which prepared the requirements or studies and
the party which shall undertake the follow up and supervision .

2. Expropriation decisions , land layouts , site plans with respect to
buildings or general plan with respect to road and other projects .

3. Soil study report which was prepared by a specialized party with
respect to work tenders .






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4. Initial cost estimates in work tenders .

5. The party which shall assume the project's expenditures and to
show the amount of allocations appropriated thereto in the
budget and the approval of the Council of Ministers for providing
the amounts in excess of the appropriated allocations .

6. Names of the Department's representatives in the competent
Tenders Committee .

Article Four

a. The technical services tender documents include the following
information and particulars in addition to any other requirements specified by
the Employer in the Tender Invitation :

1. General description of the project together with a table of the
Department's requirements , objective of the project's design and
determination of the various work stages .

2. Land plans and organization plans with respect to building
projects, general plans with respect to other projects as well as
expropriation decisions and any other requirements in this respect
.

3- The cost limits within which the designer should work with respect
to the project to be designed .

4- The contractual conditions , draft contract and method of
submission of bids .

5- Method of specifying the period of completion of work , fees and
amount of the required guarantees .

b. The work tender documents cover the particulars and requirements listed
below in addition to any other requirements specified by the Employer in
the Tender Invitation :

1- Project's Description : Should comprise the basic information on
the project's nature, elements , size and location to any type of the
following required works :



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Building Projects : Specify the number of buildings , storeys
and areas thereof as well as any other
installations annexed thereto, site works
and services .
Road Projects : Specify the type , length and width of road,
number of lanes , its beginning and end
points, drainage installations , bridges and
intersections .
Other Projects : The information relating to any project
shall be determined according to the
nature thereof .

2- Tender Instructions : Include the directives and conditions
with which the tenderers are required to comply concerning the
method of submission of offers , amount of tender
guarantee and the basic information on the contractor and his
qualifications as well as the information , documents and any other
particulars which are required to be enclosed with the offer .


3- The general conditions of the contracting contract , namely the
conditions shown in the contracting contract booklet which
is issued by the Ministry and with which the Departments and
Consultants are required to comply .

4- The special conditions of the contracting contract i.e. the
complementary conditions to the general conditions , any
amendments thereon and any other additional conditions
required by the tender including the conditions pertaining to
the financing offers , method of the project's execution and
stages thereof as well as the Employer's right to its divisibility.

5- The layouts which are the detailed layouts required for the
execution of the project , land and site plans and
organizational plans .

6- The technical specifications , bills of quantities and prices :
It cover the general technical specifications and the project's
technical specifications , bills of quantities and prices
classified in parts such as infra structure , site works ,
structural work and completion works .



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7- Forms of contract and guarantees .

8- Any other appendices to the tender documents .



Part Three
Guarantees & Penalties

Article Five

a. The guarantees of work tenders shall be determined in the following
manner :
1- Bid Bond ( Tender Guarantee ) : It shall be fixed by a lump
sum . This amount shall be calculated on the basis of 2-3% of the
estimated value of tender and shall be shown in the appendix of
the tender offer form .

2- Performance Guarantee : It shall be at the rate of 10% of the
value of contract .

3- Maintenance Guarantee : It shall be at the rate of 5% of the
actual value of the project subsequent to completion .

b. A Performance Guarantee at the rate of 10% of the value of
contract shall be fixed for technical service tenders .

c. The period of execution of the tender and amount of delay penalty per
day shall be fixed in the appendix of the tender offer form provided that such
penalty shall be compatible with the value of tender and period of its
execution . It shall be calculated according to the following formula :

Delay Fine = 10% of the daily production average
Delay Fine = 10 x Estimated Tender Value
100 Execution Period In Days









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Part Four
Tendering Procedure

Article Six

a. The Chairman of the Committee , prior to the issue of any tender ,
should ascertain the following :
1- Availability of all tender issue requirements which are provided
for in these Instructions . In the event of shortage in the documents or
information , the Chairman of the Committee shall request its


completion and the concerned party should complete the required
shortages .

2- Availability of a sufficient number of copies of the tender .

3- Ascertain the none existence of financial or taxation exemptions
unless there is an advance approval by the Council of
Ministers thereon .

Article Seven

a. The announcement on the issue of the tender includes the following
matters :
1- Subject of tender and project site together with a summary
statement of the project's description .

2- Cost per copy of tender for works or technical services .

3- Classes of contractors who are permitted to participate in the
work tenders or classes and qualification of consultants who are
permitted to participate in the technical service tenders , as
the case may be .

4- Closing date of permission of tenderer to purchase the tender
copies, specifying the date , hour and place fixed for depositing
same.

5- Amount of financing and its source with respect to the
financed projects .

b. The Chairman of the competent Committee shall fix the cost per copy of
tender according to the following :



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1- Work Tenders :

Estimated Cost of Tender Price Per Copy

- Less than 25000 Dinars 10 Dinars
- From 25000 to 50000 Dinars 15 Dinars
- From 51000 to 100000 Dinars 25 Dinars
- From 101000 to 250000 Dinars 50 Dinars
- From 251000 to 500000 Dinars 100 Dinars
- From 501000 to 750000 Dinars 125 Dinars
- From 751000 to 1000000 Dinars 150 Dinars
- Over 1000000 to 5000000 Dinars 150 - 300 Dinars
- Over 10000000 Dinars 1000 Dinars



2- Technical Service Tenders :

Estimated Cost of Technical Services Cost Per Copy

- Less than 5000 Dinars 10 Dinars
- Over 5000 - 20000 Dinars 25 Dinars
- Over 20000 - 100000 Dinars 50 Dinars
- Over 100000 Dinars 100 Dinars

c. The Chairman of the Committee must invite the contractors of
specializations and classes compatible with the cost of works issued to
submit their offers . However , it is permissible to invite the contractors
who are classified in an immediately higher than the class required for the
cost of work to participate in the tender .















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Article Eight

a. The tenderers shall be invited to submit their offers through one
announcement or more in Arabic in at least two local dailies . However ,
it is permissible to make an announcement in English in addition to the
Arabic language upon the invitation of foreign contractors or consultants
to participate in the tender .

b. It is permissible , in the special invitation tenders , to send the invitation
by registered mail or to hand it over by hand to the contractors or
consultants who are approved by the Employer to be invited to the tender
upon the recommendation of the Chairman of the Committee .

c. There should be an adequate period of time between the
announcement on the tender and the time for depositing offers which
should be sufficient for the study and preparation of offers provided that the
period of distribution of copies of tender shall not be less than seven days .


Further ,a minimum of seven days should be allowed between the closing
date of sale of tender copies and the time for depositing of offers .

d. The Chairman of the Committee may extend the closing date provided
that
the same be announced in the newspapers or the participants in the
tender be notified thereof and provided that an advance written approval
of the party empowered to approve the decision of award be obtained on
such extension .

e. The Chairman of the competent Committee may issue appendices to the
tender invitation . In such a case , it must be handed over to the
participating tenderers at least one week prior to the date of depositing
tenders .

Article Nine

The tender offers should be submitted as required by the concerned Department
or in the manner set out in the tender documents by one of the following two
methods:

a. Within one envelope containing the technical information requested in the
tender invitation and the financial offer comprising the offered
prices . In such a case , the technical and financial offers shall be
studied and evaluated together .



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b. In two separate envelopes , one containing the " technical offer" and the
other containing the "financial offer" provided that the name of tenderer
,
tender number and type of offer is written on every envelope . In such a
case , the technical offers of tenderers shall be opened and shall be
studied and evaluated by the competent committee to select the offers that
meet the tender conditions . Thereafter , the financial offers which are
submitted by the selected tenderers shall be opened and the other
financial
offers which were not opened shall be returned to the owners thereof .

Article Ten

a. Each tenderer who submits an offer to the tender must comply with the
following :
1- Should submit his signed offer in the required number of copies in
tightly closed and sealed envelopes provided that the original copy
shall be amongst same . Should any contradiction occur in the
information between the submitted copies , the original copy shall
be adopted .



2- Should deposit his offer prior to the expiry of the time fixed for
depositing the offers in the box provided for this purpose .
No offer submitted after the fixed time shall be received .

b- The tenderer who had already deposited an offer in the Tenders Box
may deposit an amending memorandum to his offer or may submit an
alternative offer in addition to his original offer which should fulfill the
conditions of tender prior to the expiry of the time fixed for depositing
the offers . The committee shall study this memorandum with the
offer and if the original offer does not meet the legal conditions of the tender ,
the two offers shall be disregarded .

c. If the offer envelopes are so big which makes it impossible to place same
in the box , they shall be handed over , in this case , to the Committee's
Secretary who should prepare a statement thereof and hand over same to
the Committee prior to the opening of offers .








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d. If the offer has been sent by mail , such should be made by registered post
and the submitted offer should be an integrated one and addressed in the
name of the Chairman of the Committee provided it is received prior to
the time fixed for the depositing of offers .

e. If the tenderer is a foreign company , the name of his Jordanian partner
or his representative should be mentioned in his offer or to submit the
licensing document of his office in the Kingdom .

Article Eleven

A special box shall be allocated for tenders at the place designated by the
Committee's Chairman . This box shall have three different locks , the
Committee's Chairman shall retain one key thereof , the Committee's Secretary
or representative of the Ministry of Public Works shall keep a key to the second
lock and one of the other Committee members nominated by the Committee
shall keep the key to the third lock .

Article Twelve

a. The Tenders Box shall be opened at the date and time set in the tender
invitation in the presence of the committee's quorum . If the Committee


could not , for any reason , open the Box at the time set , it may postpone
same to another time provided that it records this fact in the minutes of
its session .

b. The Committee shall open the tender offers in a public session and in the
presence of whoever wishes from tenderers . The gross prices of offers ,
as received prior to the calculation verification , shall be announced . If the
offer is submitted in two separate envelopes , the Committee should , in
this case , comply with the provisions of article (9) of these Instructions .

c. The present committee members shall sign the copies of tender offers
which are opened .

Article Thirteen

a. The Committee shall not look into the tender offers which are in violation
with the tender conditions particularly in the following cases :
1- None enclosure of the tender guarantee requested in the tender .




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2- Existence of reservations or conditions which are contradicting to
the tender conditions .
3- Existence of any cross out , addition or cancellation which would
lead to ambiguity and lack of clarity .

b. The Committee may disregard the tender offers in any of the two
following cases :
1- The tenderers failure to sign the offer .
2- Failure to write the unit prices of items in words in addition to
figures .

Article Fourteen

a. The Committee shall , upon studying and evaluating the offers , follow the
following procedures :

1- Record minutes for every one of its sessions and such minutes shall
be signed by the committee members .

2- Make a preliminary study of the offers to ascertain the coformity
of the tenderer with the conditions of tender invitation in so far as his
classification , completion of his offer and none existence of
conditions which are contradicting with the requirements of
tender invitation .



3- Refer the offers to a Technical Committee whenever it becomes
necessary in order to study and prepare a report thereon
within the period specified thereto .

b. Due observance should be made upon evaluation of offers by the
committee to ascertain the tenderers qualification , his financial
capability, conformity of his offer with the conditions of tender invitation and
his potentials to accomplish the commitment consequent upon the new tender
in addition to the volume of his previous obligation in the light of his
classification class .

c. The Committee may reject any offer if its prices are much less than the
cost or current prices or prices estimated by the competent Department
and to make a detailed satement of the reasons for rejection .




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d. The Committee may decide to invite any tenderer to inquire from him on
any information or analysis of the item prices in his offer without
inflicting any prejudice to the rights of other tenderers . The Committee
shall record the result of its discussions with this tenderer in its minutes of
meeting .
e. The Committee Chairman may decide to return the tenderers guarantees
where the study shows that they are not qualified to award the tender to
them .

Article Fifteen

a. The Committee shall award the tender to the tenderer with the best offer
according to the provisions of the By-law and Instructions issued
according thereto . The Committee Chairman shall transmit same to the
party which is authorized to ratify the decision .

b. The decision of award shall be notified , after its ratification , to the
Employer and the Employer shall notify the decision to the Tenderer who
has been awarded the tender .
c. No amendment may be made on the decision of award except by a
subsequent decision issued by the same Committee and shall be subject to
ratification .

Part Five
General Provisions

Article Sixteen

a. The competent Department shall prepare the contract agreement in
implementation of the award decision which has been ratified . .



b. The tenderer , who has been decided to award the tender thereto , shall
pay the revenue stamp fees on the tender execution contract if it has been
awarded to him in addition to the other fees consequent upon him . He
must submit the performance guarantee within two weeks of the date of
his notification in anticipation of signature of the contract . If he does not
show up within this period , he shall be considered to have declined and
the legal measures provided for in the tender documents shall be taken
against him including the confiscation of the bid bond and execution of
the
works at his account in the manner which the competent Department
deems proper .
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Article Seventeen

a. If the tender invitation does not fix the tenderer's period of commitment
to his offer , the period of commitment shall be considered as (90) days from
the date of depositing of offer .

b. The competent Departments and Tender Committees should not issue
partial tenders comprising the same work for the same allocations and the
parts inter-mingle during the period of execution unless the purpose is to
distribute the work on more than one contractor for the purpose of
expediting the completion , and this shall be done after obtaining the
competent Minister's written approval .

c. The competent Committees should comply with the instructions which
have been issued according to the provisions of the by-law including the
instructions pertaining to the classificaiton and pre-qualificaiton of
Jordanian and non - Jordanian contractors and consultants .

d. The Employer shall be exempted from serving any notification or
warning upon any contractor or consultant to carry out any of the legal or
contractual commitments imposed thereon whether such notification or
warning is notarial or ordinary unless the contract between the two
parties provides otherwise .

Article Eighteen

a. The competent Tenders Committee shall carry out the following :
1- Prepare a register to the tenders which have been issued for every
year in serial numbers .
2- Open a special file for every tender provided that all the
information relating to the tender such as the tender
invitation , decision of award , work take-over certificate and
any other information on the method of the contractor's
completion of his commitment should be kept in the file .



b. The Tenders Directorate should prepare a binded annual register of all
the central tenders and the award decisions thereof .

Article Nineteen

The Government Work Tendering Instructions which were published in official
gazette issue No. 3211 dated 1st. February 1984 shall be repealed .